Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv—00527-SLR Document 43-3 Filed 09/08/2006 Page 1 of 2
Issued by the
UNITED STATES Dtsrittcr Couizr
DISTRICT OE DELAWARE
Dam) Scart ifiiiewitt
E SUBPOENA IN A CIVIL CASE
V.
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El YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specihed below
testify in the above case. ' ’ I
PLACE or TEsTtMoNY CouRTRooM 2,. ZY? .rt.
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DATE AND TIME {/-I g r`
Pl i.
[1 YOU ARE COMIVIANDED to appear at the place, date, and time specified below to testify at the taking `a¤éposi`¤i;p·n·
in the above case. A tg? A
PLACE or DEPostrioN DATE i-\i\iD TIME A il"
l YOU ARE CONKMAINDED to produce and permit inspection and copying ofthe following documents or obj ects at the
place, date, and time specified below (list documents or objects): .
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PL·*CE&|~i li? iJJH\')C·t€- bei. L- T¥·¤€‘>t¤~J‘>.s··-J p C3 Qlr tg; Op-T1·li @4;; gg; DATE AND TIME
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. I] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PRENHSES DATE AND rtME
.~\ny organization not a party to this suit that is subpoenaed for the taking ofa deposition shall designate one or more officers.
directors. or managing agents, or other persons who consent to testify on its behalf. and may set forth, for each person designated. the
matters on which the person will testify Federal Rules ot`Civil Procedure, 30(b)(6).
issumo oPEiCEP‘s SIGNATURE AND trrLE (INDICATE ir ATTORNEY Eoa PLAtNTtEE oa DEFENDAJWT) DATE
issuiwo oEEiCER·s NAME, ADDRESS AND PHDNE NUMBER
1See Rule J5. Federal Rules t>t`Civil Procedure, Parts C 3; D on next page)
‘ {friction is pending in district other than district ofissuance, state district undcr case number.

Case 1 :05-cv—OO527-SLR Document 43-3 Filed 09/08/2006 Page 2 of 2

PROOF OF SERVICE
DATE PLACE
SERVE
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SERVED ON (PRN t AME) MANNER OF SERVICE
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SERVED BY (PRFNT NAM TITLE

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the United States of America that the foregoing infomation
contained inthe Proof of Service is true and correct.
Executed on ` ’ {
DATE SGNA "U OF SERVER -
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M L/V * K L ¤ J
ADDRESS OF SERVER
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Rule 45, Federal Rules ofCivil Procedure. Parts C 8; D:
{cl PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(1) 4-\ party or an attorney responsible for the issuance and service of a trial be commanded to travel 5·oni any such place within the statc in which the
subpoena shall take reasonable steps to avoid imposing undue burden or expense trial es held. or
on a person subject to that subpoena. The court on behalfofwhich the subpoena
was issued shall enforce this duty and impose upon the party 0r attorney in breach (iii) requires disclosure ofprivileged or other protected matter and
oftliis dut} an appropriate sanction which may include. but is not limited to, lost no exception or waiver applies, or
earnings and reasonable a¤0mey`s fee. (iv) subjects a person to undue burden.
(2) (Al A person commanded to produce and permit inspection and copying (B) lfa subpoena
of designated books. papers, documents or tangible things, or inspection of
premises need not appczirin person atthe place ofproduciion ortnspcction unless (il requires disclosure of n trade secret or other conhdential
commanded so appear for deposition, heating or rrial. research, development, or commercial infomation, or
(ti) requires disclosure of an unretained expert`s opinion or
(Bl Subject to paragraph Ld) (1) of this rule. a person commanded to infomation not describing specihc events or occurrences in dispute and resulting
produce and permit inspection and copying may, within 14 days after service of from the experts study made not at the request of any party. or
subpoena or before the time specltied for compliance ifsueh time is less than 14 (iii) requires at person who is not a party or an officer ofa party t0
days after service, sewc upon thc party or attorney designated in the subpoena incur substantial expense to travel more than IOO miles to attend trial. the court
written objection to inspection orcopying ofany or all ofthe designated materials may. to protect a person subject to or affected by the subpoena. quash or modify
or ofthe premises. Ifobjcction is made, the party scrvtngthe subpoena shall not the subpoena, or, if the party in who behalf the subpoena is issued shows 2.
bc entitled to inspect and copy materials or inspect thc premises except pursuant substantial need for the testimony or material that cannot he otherwise met
to an order ofthe court by which the subpoena was issued. lfobjcclion has been without undue hardship and assures that the person to whom the subpoena is
made, the party serving the subpoena may, upon notice to the person commanded addressed will be reasonably compensated, the court may order appearance or
to produce, move at any time for an order to compel the production. Such an production only upon specihed conditions
order to comply production shall protect any person who is not a parry or nn .
officer of a party from significant expense resulting hom the inspection and td) Dl;TlES TN RESPONDING TO SUBPOENA.
copying commanded.
. l i .—'~. person responding to at subpoena to produce documents shall produce
,3) (A) On timely motion the coun by which zi subpoena was issued shall them as they are kept in thc usual coursc of business or shall organize and label
quash or modify the subpoena ifit them to correspond with the categories in the demand.
(i) fails to allow- reasonable time for compliance. (Il When information sublcet t0 A subpoena is withheld on a claim that it is
(ii) requires a person who is not 2 party or an officer ofa party to privileged or subject to protection as trial preparation materials, the claim shall
travel to a place more than lOO miles from the place where that person resides. bc made expressly and shall be supported by a description ofthe nature ofthe
is employed or regularly transacts business in person. except that, subject to the documents, communications, or things not produced that is sufficient to enable
provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to thc demanding pany to contest thc claim.
amend